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STATE v. BELIEN

No. 79-870.

379 So.2d 446 (1980)

The STATE of Florida, Appellant, v. Jerome BELIEN, Appellee.

District Court of Appeal of Florida, Third District.

February 5, 1980.

Attorney(s) appearing for the Case

Janet Reno, State's Atty. and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The state appeals from an order discharging the defendant under the speedy trial rule. Fla.R.Crim.P. 3.191. We reverse because, before the expiration of the 180-day period after his arrest, the defendant moved for and was granted a continuance, thus waiving the benefit of the rule. State ex rel. Butler v. Cullen, 253 So.2d 861 (Fla. 1971); Homer v. State, 358 So.2d 1176...

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